Food Allergy Group Files Complaint Against American Airlines

PHOTO: Food allergies, such as those allergic to peanuts, are at the forefront of a federal complaint against American Airlines. (Courtesy Flickr/Andrew Malone)

Saying it is looking to protect the rights of individuals with food allergies who travel by air, an allergy group has filed a federal complaint with the U.S. Department of Transportation (DOT) against American Airlines for allegedly misleading passengers about their legal rights and denying them legal protections.

The group FARE (Food Allergy Research & Education) specifically notes that American’s written policy current prevents passengers with food allergies from pre-boarding flights, as those with disabilities are able to do.

“Through our filing of this complaint, we are calling on the DOT to take enforcement action and calling for a full retraction of this discriminatory policy,” James R. Baker, MD, CEO and chief medical officer at FARE, said in a statement. “We also request mandatory training for airline staff to help ensure they do not continue to discriminate against members of the food allergy community.”

The Air Carrier Access Act, which prohibits discrimination by air carriers on the basis of mental or physical disability, specifically states pre-boarding must be offered to passengers with a disability who self-identify as needing additional time or assistance to board. A disability is defined as a substantial impairment to a major life activity (such as breathing or eating).

FARE says individuals and families managing food allergies pre-board to wipe down seating areas, tray tables and armrests so they can help minimize their exposure to food allergens—just one step in safeguarding against potentially life-threatening reactions.

As stated in the complaint, by enforcing and maintaining a discriminatory policy on its website and in communications with travelers, American Airlines is not only denying federally protected rights but misleading passengers about their legal rights.

“The law is clear—airlines must allow pre-boarding for individuals with food allergies who need to wipe down and secure their seating area,” said disability rights attorney Mary Vargas. “American Airlines, in denying this right, is in blatant violation of law. DOT must step in and take action.”

At issue, of course, is access and plausibility. Could anybody claim an allergy to peanuts, for example, a common snack on planes, and be able to board first even if that person does not have an allergy? Would a physician’s note be needed?

Last month, Vargas filed a complaint with the DOT on behalf of a Washington state family whose request to pre-board an American Airlines flight was denied. The family had sought to pre-board before flying with their seven-year-old daughter, who has multiple food allergies.

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